Sometimes the hardest part of a will is not who you include. It is who you leave out, or what you ask of someone before a gift is theirs. A child you no longer speak to. A relative you worry about. A gift you would rather hold back until someone is older.

Most people can choose who inherits from them. But the right to disinherit someone has limits, and they change a lot depending on where you live and, in some places, your religion.

The same goes for conditional gifts, like "my daughter gets this when she turns 25." Some conditions work. Others are thrown out by courts or by the law itself.

This guide explains the basics in the US, England and Wales, India and the UAE, using the legal texts as they read in October 2026. It explains how the rules work and is not legal advice for your situation.

The short answer

To disinherit a person means to make sure someone who would normally inherit from you gets nothing. A conditional gift is a gift that only takes effect if something happens, or stops if something happens. "To my son when he turns 18" is a conditional gift.

Two questions decide whether either works. First, does the law protect this person? Some relatives have a share the law reserves for them, or a right to ask a court for support. Second, is the condition allowed and clear? Conditions that are impossible, illegal or vague can fail.

The rest depends on place. In the US, spouses are protected and children usually are not. In England and Wales, certain people can ask a court for financial provision. In India and the UAE, religion often decides which rules apply.

Can you disinherit someone in the US?

US inheritance law is mostly state law, so the answer depends on your state.

Spouses get special protection in almost every state. The Legal Information Institute (LII) explains that "forced share" or "elective share" laws let a surviving spouse choose between what the will gives them and a share set by state law. The traditional share was one-third, but states differ. Some use dollar amounts, different percentages, or the length of the marriage. In community property states, such as California and Texas, a spouse already owns half of the property earned during the marriage. Georgia has no elective share, though a spouse can claim a year's support.

Children usually are not protected. LII notes that, unlike with spouses, a person can directly leave a child out of a will. States generally only step in when a child was left out by obvious mistake or lack of information.

So if you mean to leave a child out, say so clearly in the will. Naming the person and stating that you leave them nothing shows it was not a mistake. It can feel harsh to write, but it spares the family reading it later from wondering.

Louisiana is the big exception. Louisiana's Civil Code gives special protection to "forced heirs." Under Article 1493, forced heirs are children (descendants of the first degree) who are 23 or younger when the parent dies, and children of any age who, because of mental incapacity or physical infirmity, are permanently unable to care for themselves or manage their estates.

Can I leave my children nothing in England and Wales?

You can write a will that leaves your children, or anyone else, nothing. But the Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask a court to change the result.

The Act applies when the person who died was domiciled in England and Wales. These people can apply:

  • A spouse or civil partner.
  • A former spouse or civil partner who has not remarried or formed a new civil partnership.
  • Someone who lived with the deceased as a couple in the same household for the whole two years before the death.
  • A child of the deceased, of any age.
  • Someone the deceased treated as a child of the family.
  • Anyone the deceased was supporting financially, in whole or in part, right before the death.

The question for the court is whether the will (or the intestacy rules, or both) makes "reasonable financial provision" for the applicant. For a spouse or civil partner, it is not limited to what they need to live on. For a child or other applicant, it means what is reasonable for their maintenance.

So an adult child you leave out can still ask a court for support. Claims normally have to be made within six months of the grant of probate or letters of administration, though a court can allow a late claim, so anyone considering one should get advice quickly.

India: wide freedom, with important limits

The Indian Succession Act, 1925 says every person of sound mind who is not a minor may dispose of their property by will. The Act's will rules do not apply to Muslims, and apply to Hindus, Buddhists, Sikhs and Jains only as the Act itself provides.

Hindu dependants can claim maintenance. The Hindu Adoptions and Maintenance Act, 1956 says the heirs of a deceased Hindu must maintain the deceased's dependants out of the estate they inherit. If a dependant got no share by will or intestacy, they can claim maintenance from those who took the estate. Dependants include the deceased's father and mother, a widow who has not remarried, minor sons, and unmarried daughters, among others.

Muslim personal law sets a one-third limit. Indian courts apply the rule that a Muslim cannot leave more than one-third of the estate by will, counted after funeral expenses and debts. A gift by will to an heir is also invalid unless the other heirs consent after the death. A 2020 Delhi District Court judgment sets out this rule and quotes a Supreme Court decision holding that the limit can be exceeded if all the heirs consent.

UAE: it depends on which law applies

The UAE has two personal status laws, and the one that covers you decides the answer.

For non-Muslims, the law is Federal Decree-Law No. 41 of 2022. This civil personal status law applies to non-Muslim UAE citizens and non-Muslim foreign residents, unless they choose the law of their home country. Article 11 says the testator can leave a will covering all the property they own in the UAE to anyone they want, within controls set by the Executive Regulations. Without a will, half goes to the spouse and half is split equally among the children, with no difference between sons and daughters. See Decree 41 and what it changed.

For Muslims, the law is the Personal Status Law, Federal Decree-Law No. 41 of 2024. It applies to UAE citizens where one party is Muslim, and to foreigners unless they insist on their own law. Under it:

  • A will is carried out within one-third of the estate, after funeral costs and debts (Article 173).
  • Anything above one-third depends on the heirs' approval, and applies to the shares of those who approve.
  • A will in favor of an heir is not allowed unless the other adult heirs approve, or a court finds that a compelling interest requires it (Article 184).

Conditional gifts in a will: what works and what fails

Age conditions are the classic valid kind. India's Succession Act gives the example of money left to someone "in case he shall attain the age of 18." Their interest is contingent until they reach that age.

Impossible conditions fail. The same Act says a gift on an impossible condition is void. Its example: an estate left to someone on condition that they walk 100 miles in an hour.

Illegal or immoral conditions fail too. The Act says a gift on a condition that would be contrary to law or morality is void. One of its examples is money left to a niece "if she will desert her husband."

The UAE treats bad conditions differently. Under Article 172 of the 2024 Personal Status Law, if a will carries a condition that contradicts the law, public order or morals, the condition is void but the will stays valid. In India's example, the whole gift fails. Under the UAE's Personal Status Law, only the condition does.

Vague wording can fail. India's Act says a will or gift "not expressive of any definite intention is void for uncertainty." A condition like "if she lives a good life" gives an executor nothing to measure.

So write conditions so a stranger could check them. Use an exact age, a named event or a date. Say who gets the gift if the condition is never met.

This guide does not cover US or English court rulings on conditions, which are detailed and vary. If you want a condition in a will there, have a lawyer draft it. If you are weighing whether you need a lawyer for your will at all, a clause like this is a good reason to use one.

The bottom line

You can leave people out of a will and attach conditions to gifts, but the law gets a say in both.

DigiWish, our wishes tool, lets you split each asset between people by percentage, add free-text instructions and conditions to each asset, name guardians and a residuary beneficiary, and export the result as a PDF or Word document.

DigiWish is not a legally valid will, trust or testament. It is a record of your wishes that works alongside a proper will. Leaving someone out of DigiWish, or writing a condition there, does not make it legally binding. If you want to cut someone out or attach conditions, that must go in a properly made will under your local law. Where you are connected to one of BlockWill's partner law firms, you can share a snapshot of your wishes so the firm can draft the will.

Decide carefully, write it plainly, and put it in the document the law will actually read.

Frequently Asked Questions

Can I leave my children nothing in my will?

In the US, generally yes, if you make it clear, though Louisiana protects children who are 23 or younger and those permanently unable to care for themselves or manage their estates. In England and Wales, a child of any age can still ask a court for reasonable financial provision.

Can you disinherit a spouse?

Not easily in most of the US or in England and Wales. In most states, elective share laws let a surviving spouse choose a share set by state law instead of what the will gives them, and in England and Wales a spouse or civil partner can apply to court under the 1975 Act.

Can a Muslim leave more than one-third of their estate by will?

Generally not without the heirs' consent. Indian courts apply a one-third limit that can be exceeded if all the heirs consent, and under the UAE's Personal Status Law anything above one-third depends on the heirs' approval.

Can a non-Muslim in the UAE leave all their UAE property to one person?

Yes, within controls set by the Executive Regulations. Article 11 of Federal Decree-Law No. 41 of 2022 lets a non-Muslim leave a will covering all the property they own in the UAE to anyone they want, unless they have chosen the law of their home country.

Are conditional gifts in a will legal?

Many are, such as a gift that takes effect when someone reaches a set age. Under India's Succession Act, a gift on an impossible, illegal or immoral condition is void, while under the UAE's Personal Status Law an unlawful condition is void but the will stands.

Sources

Further reading: